Blog
Tennesee’s Perspective on the OSHA Amendment
By: Allen Grant, Partner, Nashville In Tennessee, the new OSHA guidelines prohibiting mandatory post-accident drug or alcohol screens highlight the importance of the Tennessee Drug Free Workplace Program (DFWP). While the OSHA rules prohibit this mandatory...
The Florida Perspective on OSHA’s Amendments
By: Yosue Ochoa, Associate, Miami Florida workers’ compensation laws regarding employee drug testing provide the employer/carrier with a defense to compensability if it is found that the injured worker was intoxicated or under the influence of drugs at the time of...
How Do the OSHA Amendments Impact Georgia Workers’ Compensation Laws?
By: Ryan Lawson, Associate, Atlanta Georgia law provides employers and insurers a defense to the payment of workers’ compensation benefits when an injured employee tests positive for a non-prescribed, controlled substance within eight (8) hours from the occurrence...
An Analysis of Recent O.S.H.A. Amendments and Impact on Mandatory Post-Accident Drug Screening
By: Ryan Lawson, Associate, Atlanta The Occupational Safety and Health Administration (O.S.H.A.) recently released an updated set of regulations governing employer requirements for workers reporting occupational injuries and illnesses. These updated regulations,...
Morgan’s Tip of the Week – DOAH Annual Report
Greetings, DOAH has published the annual report for their fiscal year, 7/1/15-6/30/16….DO NOT PRINT unless you want 236 pages. That window of time only contains two months of litigation post-Castellanos, but its interesting and shows statistics on each venue....
Morgan’s Tip of the Week – Holiday Party Claims
Greetings, Tis the season for holiday parties and functions, and inevitably holiday party claims. If its an in-office event during the workday its likely going to be compensable. The afterhours or when the workplace is closed events are trickier. As a reminder,...
Morgan’s Tip of The Week – WC Rate Increase on Hold
Greetings, Due to the changes in the law from the Castellanos and Westphal cases, WC rates in Florida were set to increase by 14.5% tomorrow, 12/1/2016. However, a Miami claimant’s attorney filed a lawsuit against NCCI in Leon County, the rate setting agency,...
A Florida Lawyer’s Dream
By: Tara Said, Partner, Pensacola The day broke bright and sunny. Every young lawyer dreams about that one day that she might be offered the opportunity to be admitted to the United States Supreme Court. I have been a Florida licensed attorney for sixteen years but...
How to Keep Holiday Parties Fun, Festive, and Claim Free
By: James DaFonte, Associate, Miami As the holiday season rolls around, it is always a good idea to provide a refresher on the compensability of injuries at holiday parties. Over the next few months, there will likely be claims trickling in from the...
Temporary Benefits Entitlement in the Post-Westphal Era
By: Mike Quiggins, Partner, Tallahassee Earlier this year, the Florida Supreme Court issued its long awaited decision in Westphal that found Section 440.15 to be unconstitutional, and revived the pre-1994 law allowing for up to 260 weeks of temporary total...
